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NY L89113




January 5, 2006

CLA-2-58:RR:NC:TA:352 L89113

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010

Ms. Donna Garcia
Blumenthal Print Works, Inc.
905 S. Broad Street
New Orleans, Louisiana 70125-1493

RE: The tariff classification of a dyed 100% polyester woven chenille fabric from China.

Dear Ms. Garcia:

In your letter dated December 9, 2005 you requested a classification ruling.

The submitted sample, designated as style “Plaza”, is a dyed woven chenille upholstery fabric composed of 100% polyester. It is characterized by a dense fibrous surface created by the insertion of chenille yarns in the filling. Weighing 340 g/m2, this product will be imported in 145 centimeter widths.

The applicable subheading for the woven chenille fabric designated as style “Plaza” will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, with chenille yarns on one side only. The duty rate will be 9.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This fabric falls within textile category designation 224. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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